Ita/180/2013 Of Commissioner Of Income Tax v. Mc Dowell And Co Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1OTH DAY OF NOVEMBER 27072PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD1T.A. NO.180 OF 2013 BETWEEN: 1.COMMISSIONER OF INCOME TAX| CENTRAL REVENUE BUILDING QUEENS ROAD, BANGALORE-560001. 2D.THE ASSISTANT COMMISSIONER OF | INCOME TAX, CIRCLE 2(3), BANGALORE. ... APPELLANTS (BY SRI. E.I1. SANMATHI, ADV.) AND Mc. DOWELL & CO. LTD.,.(NOW KNOWN AS UNITED SPIRITS LTD.,) UB TOWERS, NO.24VITTAL MALLYA ROADBANGALORE-560001. ... RESPONDENT (BY SRI. SURYANARAYANA T, ADV.) THIS I.T.A. IS. FILED UNDER SECTION 260-A OFI.T.ACT, 1961, ARISING OUT OF ORDER DATED 12-10-2012PASSED IN ITA NO.189/BANG/2011, FOR THE ASSESSMENTYEAR 2002-03, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAWSTATED THEREIN..Il. SET ASIDE THE APPELLATE ORDER DATED 12-10-2012PASSED BY THE ITAT, C BENCH, BANGLORE IN ITA’NO.189/BANG/2011, AS SOUGHT FOR IN THIS APPEAL. THIS I.T.A. COMING ON FOR HEARING, THIS DAY,|ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for the revenue.Mr.T.Suryanarayana,learnedcounselfortheaSSe@SSAEC 2. Learned counsel for the assessee submits thatthe tax effect in this appeal is less than Rs.1 Crore and.therefore, the appeal should not be entertained at theinstance of the revenue in view of the Circular.No.17/2019 dated 08.08.2019 issued by the CentralBoard of Direct Taxes. It Is also submitted that the.aforesaid Circular binds the revenue. 3. On the other hand, learned counsel for the|revenue submits that he be granted liberty to revive the| appeal in case the matter falls within the exceptions.under the aforesaid Circular dated 08.08.2019. 4. In view of the aforesaid submissions, the appealis disposed of with liberty as prayed for by the learnedcounsel for the revenue. Sd/-JUDGE Sd/-'JUDGE RV